Legal Question in Wills and Trusts in Florida
Will status when there are minor children
My ex wife recently died (in Florida), leaving behind our 2 daughters, the family home and life insurance. My question is this: she left a will naming her brother as the administrator of her will, and set into trust for our daughters her estate. Her brother does not live in Florida, and knows my children on a casual basis. In the will it states that he has total control and say with regards to the estate monies until the children turn 28 years old. To complicate matters, my name is still on the deed for the home. I know that there were bank accounts jointly held in my ex-wife and childrens names. Are those sublect to probate and the estate, or are those funds my childrens? My concern is that he could squander the monies, with no repercusions for the childrens well being. Her family has gone into the home, removed all the belongings, changed the locks, etc. and have yet to notify me, the childrens gaurdian as to the status/plans. Are the children going to have to wait until age 28 to receive any personal items from the home? Is the home theirs at this point, or subject to the terms of the will?
2 Answers from Attorneys
Re: Will status when there are minor children
I suggest you contact an attorney in Florida to dicusss these many issues. The estate fiduciary must reside in Florida. If your name was on the deed jointly you now own it as the survivor.
Re: Will status when there are minor children
You DO need to consult with a Florida attorney. But, I would add the following. The executor (personal representative in Florida) need not live in Florida since he is your ex's brother. A trustee may live anywhere. The trustee has the legal duty to use the monies as provided in the trust. You as the natural guardian (or certainly as the court-appointed guardian, if you go that route) should be entitled to information as to the trust administration and yearly accountings. Despite her will, if she died with a minor child, her interest in her homestead would pass directly to all her children, and not into the trust. (It would not pass to you as the co-owner since you were no longer married.) You would still continue to own your half. The joint bank accounts would pass to your children. Neither the home, nor the bank accounts are subject to probate, but a court determination as to how the house passed would be required. The only way anyone could gain legal access to their one-half interest in the home, or the bank accounts would be to be appointed guardian of their property. You as the natural parent would almost always be appointed guardian if you wish to be. (He is risen! He is risen indeed!)
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